COURT OF CRIMINAL APPEALS OPINIONS

James Moore v. State of Tennessee
W2022-01785-CCA-R3-PC
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge James Jones, Jr.

The Petitioner, James Moore, was convicted by a Shelby County jury of attempted first
degree murder and employing a firearm during the commission of a dangerous felony, for
which he received an effective sentence of twenty-six years’ imprisonment. He now
appeals the post-conviction court’s denial of relief, arguing that trial counsel was
ineffective by failing to: (1) subpoena records that might have shown the victim’s
intoxication; and (2) adequately advise the Petitioner about testifying. Alternatively, he
argues that the cumulative effect of trial counsel’s deficiencies entitles him to relief. After
review, we affirm the judgment of the post-conviction court.

State of Tennessee v. Kelvin Montgomery
W2022-01160-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Paula L. Skahan

The Appellant, Kelvin Montgomery, was convicted of especially aggravated kidnapping
and aggravated sexual battery. The trial court imposed an effective sentence of thirtyseven
years’ confinement. On appeal, the Appellant argues that: (1) the evidence is
insufficient to support his convictions; (2) the trial court committed plain error by failing
to provide the jury instruction required under State v. White, 362 S.W.3d 559, 580-81
(Tenn. 2012), in connection with his aggravated rape charge; and (3) the trial court abused
its discretion by imposing the maximum within-range sentences and ordering that they be
served consecutively. Upon our review, we affirm the trial court’s judgments.

Pedro Ignacio Hernandez v. State of Tennessee
2023-00796-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Monte Watkins

The petitioner, Pedro Ignacio Hernandez, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

State of Tennessee v. Rusty Amos Long
M2023-00427-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge William R. Goodman, III

The Defendant, Rusty Amos Long, appeals the Robertson County Circuit Court’s order revoking his community corrections sentence for his conviction for burglary other than a habitation and ordering him to serve the remainder of his five-year sentence in confinement. The Defendant contends that the trial court erred by failing to conduct a new sentencing hearing and by failing to consider whether revocation was in the interests of justice. We affirm the judgment of the trial court.

State of Tennessee v. Jeremiah Leavy
W2023-00670-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge A. Blake Neill

A Tipton County jury convicted Jeremiah Leavy, Defendant, of first degree murder, felony murder, aggravated robbery, and especially aggravated kidnapping. The trial court merged the two murder convictions and imposed an effective sentence of life plus fifteen years’ imprisonment. On direct appeal, we affirmed Defendant’s convictions, and the Tennessee Supreme Court denied Defendant’s application for permission to appeal. Defendant then sought post-conviction relief, alleging ineffective assistance of counsel. The post-conviction court dismissed his petition, and we affirmed the post-conviction court’s dismissal. Defendant then moved to correct a clerical mistake that he was not on probation at the time of the offense. The trial court entered an order to correct the record accordingly. At issue here, Defendant subsequently moved under Tennessee Rule of Criminal Procedure 36.1 to correct what he alleged was an illegal sentence, and the trial court denied his motion. On appeal, Defendant contends that the trial court erred in denying relief. We affirm the judgment of the trial court.

State of Tennessee v. Lanoris Cordell Carter
W2023-00448-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Chancellor Tony Childress

Defendant, Lanoris Cordell Carter, appeals his Lake County Circuit Court conviction for
tampering with evidence. He argues on appeal that the evidence was insufficient to support
his conviction. Defendant asserts that throwing items out of a car window during an
attempted traffic stop such that law enforcement could not recover the items is “mere
abandonment” rather than concealment or destruction for purposes of the evidence
tampering statute. After review, we affirm the judgment of the trial court.

State of Tennessee v. Percy D. Thompson
M2023-00051-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Mark J. Fishburn

Defendant, Percy D. Thompson, was indicted by a Davidson County Grand Jury for the attempted first degree murder (count one) and aggravated assault (count two) of his wife.  Following a bench trial, Defendant was convicted of the lesser included offense of attempted second degree murder in count one, and aggravated assault as charged in count two.  The trial court sentenced Defendant to twelve years for count one and ten years for count two and merged the aggravated assault conviction into the attempted second degree murder conviction.  Defendant appeals his convictions arguing the trial court failed to find him guilty of aggravated assault at the conclusion of the proof and therefore erred in sentencing him for count two and that the evidence was insufficient to support either of his convictions.  Following our review of the record, including the briefs of the parties and the applicable law, we affirm the judgments of the trial court.

State of Tennessee v. Trinces Eugene Hart
W2023-00122-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Donald H. Allen

Following a Henderson County jury trial, Defendant, Trinces Eugene Hart, was convicted of three counts of unlawful possession of a firearm by a convicted felon. He appeals, arguing the evidence was insufficient to sustain his convictions. After review, we affirm the judgments of the trial court; however, we remand the case to the trial court for merger of the three counts into a single judgment of conviction for unlawful possession of a firearm by a convicted felon.

State of Tennessee v. Seth Powell
E2022-00347-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge G. Scott Green

A Knox County Criminal Court jury convicted the defendant, Seth Powell, of possession
with intent to sell, deliver, or manufacture 15 grams or more of heroin within 1,000 feet of
a park; possession with intent to sell, deliver, or manufacture fentanyl within 1,000 feet of
a park; possession with intent to sell, deliver, or manufacture .5 grams or more of cocaine
within 1,000 feet of a park; three counts of possession of a firearm with the intent to go
armed during the commission of a dangerous felony; three counts of possession of a firearm
with the intent to go armed during the commission of a dangerous felony after having been
previously convicted of a dangerous felony; and evading arrest. The trial court merged
various convictions and imposed an effective 16-year sentence. On appeal, the defendant
contends that the evidence is insufficient to support his convictions, that the trial court erred
in failing to exclude inadmissible hearsay evidence, that his separate convictions for
possession of heroin and fentanyl should be merged because they were contained in the
same mixture, and that his firearm convictions should be merged into one conviction.
Upon review, we affirm the judgments of the trial court but remand to the trial court for
entry of judgments in Counts 8, 10, 14, and 16 through 21, showing that the charges for
those counts were dismissed by the State.

State of Tennessee v. Willie Locust
W2022-01026-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Mark L. Hayes

Defendant, Willie Locust, was convicted after a bench trial in Count 1 of possession of
more than 0.5 grams of cocaine with the intent to sell or deliver, a Class B felony; in Count
2 of possession of more than 0.5 grams of methamphetamine with the intent to sell or
deliver, a Class B felony; in Count 3 of simple possession of Xanax, a Class A
misdemeanor; in Count 8 of unlawful possession of brass knuckles, a Class A
misdemeanor; in Count 9 of possession of a firearm during the commission of a dangerous
felony, a Class D felony; and in Count 10 of possession of a firearm by a convicted violent
felon, a Class B felony. For these convictions, Defendant was sentenced to an effective
twenty-eight years in confinement. On appeal, Defendant argues that (1) the trial court
erred by denying his pretrial motions to suppress the evidence obtained from a search of
his hotel room; (2) the evidence was insufficient to support his convictions; and (3) the trial
court erred by ordering partial consecutive service of his sentences. After a thorough
review of the record, we affirm the judgments of the trial court. However, because the trial
court erroneously merged Counts 9 and 10, we order the trial court to reinstate the judgment
in Count 9 and to impose a sentence on that count. We also remand for correction of a
clerical error in the judgment in Count 3 to show the conviction offense as Tennessee Code
Annotated section 39-17-418 rather than section 39-17-417.

Demarcus Keyon Cole v. State of Tennessee
W2023-00517-CCA-R3-ECN
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Donald H. Allen

The petitioner, Demarcus Keyon Cole, appeals the dismissal of his petition for writ of error
coram nobis, which petition challenged his 2013 Madison County Circuit Court jury
convictions for felony murder and especially aggravated robbery, arguing that he is entitled
to a new trial due to newly discovered evidence. Discerning no error, we affirm.

State of Tennessee v. Robert L. Cody, III
E2022-00947-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Kyle A. Hixson

Defendant, Robert L. Cody, III, was convicted of conspiracy to possess 26 grams or more of cocaine with intent to sell within 1,000 feet of a drug-free zone (count one); possession of a firearm with intent to go armed during the commission of a dangerous felony (count two); possession of a firearm by a convicted felon (count three); and the jury found that Defendant committed a criminal gang offense (count ten) enhancing count one to a Class A felony. The trial court imposed an effective thirty-three year sentence to be served in the Department of Correction. On appeal, Defendant argues: (1) that the trial court erred by denying his motion to dismiss counts two and three for failure to charge an offense, and count ten of the presentment for failure to give proper notice of the gang enhancement; (2) that the trial court erred by failing to declare a mistrial after the State read the presentment to the jury; (3) that the trial court erred by excluding Investigator Jinks from the Rule of Sequestration; (4) that the trial court erred by admitting text messages that were not properly authenticated; (5) that the evidence was insufficient to support Defendant’s drug conspiracy conviction in count one; (6) that the criminal gang enhancement violated double jeopardy and the doctrine of collateral estoppel; (7) that the trial court erred in sentencing Defendant under the prior version of the Drug-Free Zone Act; and (8) that this court should resentence Defendant under the 2022 amendments to the Drug-Free Zone Act. Following our review of the entire record, oral arguments, and the parties’ briefs, we affirm the
judgments of the trial court.

Terrance Lawrence v. State of Tennessee
M2023-00471-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Jennifer L. Smith

The Petitioner, Terrance Lawrence, appeals from the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions for especially aggravated kidnapping, aggravated assault, domestic assault, driving while his license was suspended, and possession of a firearm after having been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon, for which he is serving an effective sixty-year sentence. On appeal, he contends that the post-conviction court erred in denying relief based upon his ineffective assistance of counsel allegations. We affirm the judgment of the post-conviction court.

State of Tennessee v. William James Andrews
M2022-00812-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James G. Martin, III

Following a bench trial, the trial court found the Defendant, William James Andrews, guilty of two counts of vehicular homicide by intoxication, two counts of vehicular homicide by recklessness, two counts of reckless aggravated assault resulting in death, and two counts of vehicular homicide with a prior DUI conviction. The trial court imposed an agreed-upon twenty-year sentence in the Tennessee Department of Correction. On appeal, the Defendant challenges the trial court’s denial of his motion to suppress evidence of drugs in his blood, contending that he did not give consent for a blood draw. After review, we affirm the trial court’s judgments.

State of Tennessee v. Robert J. Whittenburg
E2022-01342-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Thomas W. Graham

A Franklin County jury1 convicted Robert J. Whittenburg, Defendant, of two counts of first degree premeditated murder. After a sentencing hearing, the trial court imposed two consecutive life sentences. On appeal, Defendant argues: (1) the State did not present sufficient evidence of premeditation; (2) the trial court improperly denied Defendant’s request for a special jury instruction on premeditation; (3) the trial court improperly addressed concerns about irregularities during jury deliberations; and (4) the trial court impaired the jury when it briefly prohibited smoke breaks and then changed its mind. After review, we affirm the judgments of the trial court but remand the case for resolution of procedural issues related to the change of venue and entry of revised judgments.

Ray L. Morehead v. State of Tennessee
W2022-01215-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge W. Mark Ward

The Petitioner, Ray L. Morehead, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of trial counsel and that his guilty pleas were unknowing, unintelligent, and involuntary.  Based on our review, we affirm the judgment of the post-conviction court denying the petition. 

State of Tennessee v. Ambreia Washington
W2022-01201-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Roy B. Morgan, Jr.

The Defendant, Ambreia Washington, was convicted by a Madison County Circuit Court
jury of unlawful possession of a weapon by a convicted felon, a Class B felony; resisting
arrest, a Class B misdemeanor; and driving with a canceled, suspended or revoked license
(second offense), a Class A misdemeanor, for which he received an effective fifteen-year
sentence. See T.C.A. §§ 39-17-1307 (2018) (subsequently amended) (unlawful
possession of weapon), 39-16-602 (2018) (resisting arrest), 55-50-504 (2020) (canceled,
suspended or revoked license). On appeal, the Defendant contends that the trial court
erred in denying his motion to suppress, failing to dismiss the indictment due to missing
evidence, admitting certain photographs into evidence at trial, and denying a motion for a
mistrial as a result of prosecutorial misconduct. The Defendant also contends that the
cumulative nature of the errors warrant relief. We affirm the judgments of the trial court.

State of Tennessee v. Giorgio Jennings
W2022-01533-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Chris Craft

The Appellant, Giorgio Jennings, was convicted by a Shelby County jury of six counts of
aggravated rape, five counts of aggravated robbery, three counts of aggravated assault,
three counts of facilitation of aggravated assault, three counts of aggravated kidnapping,
aggravated burglary, and employing a firearm during the commission of a dangerous
felony. The trial court sentenced the Appellant to an effective sentence of one hundred and
thirty-two years in confinement. In this appeal, he challenges: (1) the sufficiency of the
evidence supporting his convictions; and (2) the trial court’s imposition of partial
consecutive sentences. After review, we affirm the judgments of the trial court.

State of Tennessee v. Timothy Alan Stephenson
E2023-00241-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge G. Scott Green

Defendant, Timothy Alan Stephenson, was indicted by the Knox County Grand Jury for
(1) possession of 0.5 grams or more of cocaine with intent to sell or deliver; (2) possession
of a firearm during the commission of a dangerous felony; (3) possession of a firearm after
having been convicted of a violent felony; and (4) possession of a firearm by a convicted
felon. He pled guilty to counts one and three of the indictment and agreed to concurrent
ten-year sentences with the trial court to determine the manner of service. Counts two and
four were dismissed pursuant to the agreement. The trial court sentenced Defendant to
serve the ten-year concurrent sentences in confinement. Defendant appeals, arguing that
the trial court abused its discretion in denying probation. Following our review of the
record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial
court but remand for entry of judgment forms for the counts dismissed pursuant to the plea
agreement.

State of Tennessee v. Jerome Nchiyako Dooley, Alias
E2023-00881-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge G. Scott Green

Defendant, Jerome Nchiyako Dooley, appeals the Knox County Criminal Court’s partial
revocation of his probation. He argues on appeal that: (1) the trial court revoked
Defendant’s probation on grounds not alleged in the warrant, in violation of due process;
(2) the State failed to prove that Defendant violated the terms of his probation; and (3) the
trial court violated Defendant’s due process rights by failing to act as a neutral and detached
magistrate. After review, we affirm the judgment of the trial court.

State of Tennessee v. Cantrell Devon Hodges
W2023-00108-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Kyle C. Atkins

The defendant, Cantrell Devon Hodges, pleaded guilty to two counts of possession of a
firearm after having been convicted of a felony drug offense, two counts of possession of
marijuana with intent to sell or deliver, and one count of possession of drug paraphernalia
after the trial court denied his motion to suppress evidence recovered from his home. As
part of his plea agreement, he reserved a certified question of law for appeal, challenging
the denial of his motion to suppress. Because the certified question is not dispositive of the
case as required by Tennessee Rule of Criminal Procedure 37(b)(2)(A), we dismiss the
appeal.

Dariun Bailey v. State of Tennessee
W2023-00809-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Jennifer J. Mitchell

A Shelby County jury convicted the Petitioner, Dariun Bailey, of second-degree murder,
aggravated assault, and reckless endangerment, and the trial court sentenced him to twentytwo
years of incarceration. State v. Bailey, No. W2015-00542-CCA-R3-CD, 2016 WL
3645141, at *1 (Tenn. Crim. App. June 29, 2016), perm. app. denied (Tenn. Oct. 20, 2016).
This Court affirmed his convictions on appeal. The Petitioner filed a timely petition for
post-conviction relief in which he alleged, as relevant to this appeal, that his trial counsel:
failed to adequately review and inspect discovery, coerced the Petitioner into testifying,
and failed to adequately meet with the Petitioner to review the evidence and prepare him
for trial. The post-conviction court dismissed the petition after a hearing. After review,
we affirm the post-conviction court’s judgment.

State of Tennessee v. Stasey Tyrome Gregory, Jr.
M2023-00166-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Forest A. Durard, Jr.

In 2022, the Defendant, Stasey Tyrome Gregory, Jr., pleaded guilty to six counts of methamphetamine related charges, and the trial court sentenced the Defendant to an effective sentence of fifteen years of incarceration. On appeal, the Defendant asserts that the trial court erred when it sentenced him. After review, we affirm the trial court’s judgments.

State of Tennessee v. Lemonderius Antwan Goodner
M2022-01361-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Steve R. Dozier

The defendant, Lemonderius Antwan Goodner, was convicted by a Davidson County Criminal Court jury of premeditated first-degree murder, felony murder, and attempted especially aggravated robbery, for which he received an effective sentence of life imprisonment plus ten years. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

State of Tennessee v. Shawn Rafael Bough
E2022-01788-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Steven Wayne Sword

The petitioner, Shawn Rafael Bough, appeals the Knox County Criminal Court’s summary
denial of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of
Criminal Procedure 36.1. Discerning no error, we affirm.